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Agenda

Zoning Adjustments Board
Thursday, June 10, 2010 – 7:00 PM

City Council Chambers, 2134 Martin Luther King Jr. Way, Second Floor.
Berkeley, CA  94704  (Wheelchair Accessible)

Public Testimony Guidelines
The Board Chairperson may limit the number of speakers and the length of time allowed to each speaker.  To
speak at a public hearing, complete a speaker card and submit to Planning Staff (1) as early as possible at
the meeting, or (2) at the Permit Service Center, 2120 Milvia Street, before 5:00 pm on the day of the hearing. 

At the start of the meeting the Board may rearrange the agenda or place additional agenda items on the
Consent Calendar, so it is important to submit speaker cards at the start of the meeting to avoid losing the
chance to speak to an item
.

The Board encourages the public to submit comments in writing or by e-mail in advance of the meeting.  See
Correspondence and Notice of Decision Requests at the end of this Agenda for procedures.

How to Contact Us:  Land Use Planning Division (Attn: Steven Buckley, ZAB Secretary), 2120 Milvia Street,
Berkeley, CA 94704; (510) 981-7410; zab@ci.berkeley.ca.us

Roll Call: Deborah Matthews (Chairperson), appointed by Mayor Bates
                Robert Allen (Vice-Chairperson), appointed by Councilmember Wengraf
                Michael Alvarez Cohen, appointed by Councilmember Wozniak
                Jesse Anthony, appointed by Councilmember Anderson
                Sophie Hahn (substitute for Danfeng Koon), appointed by Councilmember Worthington
                Teresa Clarke, appointed by Councilmember Moore
                Elisa Mikiten, appointed by Councilmember Maio
                Sara Shumer, appointed by Councilmember Arreguin  
                George Williams, appointed by Councilmember Capitelli

Ex Parte Communication Disclosures
In the context of adjudicative matters that come before the ZAB, ex parte communications are those which
occur outside the formal hearing process.  ZAB members should avoid ex-parte contacts on matters pending
before the ZAB as much as possible, as they may represent, or be perceived to represent, the receipt of
evidence that can unfairly influence a Board member’s decision on a matter before the Board.  If such contacts
do occur, they must be placed in the record and disclosed to all interested parties sufficiently in advance of the
decision to allow rebuttal. 

Public Comment
Each Speaker is limited to a maximum of three minutes.

Agenda Changes
The Board Chairperson may reorder the agenda at the beginning of the meeting.

Consent Calendar:
The Consent Calendar allows the Board to take action with no discussion, on projects to which no one objects. 
The Agenda includes three types of Consent Calendar items:  (1) Approval of previous meeting minutes; (2)
Modifications of existing Use Permits (which have not been noticed for public hearings); (3) Items being
continued to another meeting (Board action has been postponed to another meeting).  The Board Chairperson
will announce items for the Consent Calendar at 7:05 pm.  The Board may place additional Agenda items on
the Consent Calendar, if no one present wishes to testify on an item.  Anyone present who wishes to speak on
an item should raise his or her hand and advise the Chairperson, and the item will be pulled from the consent
calendar.  Modification Projects may be discussed by the Board at this meeting or set for a public hearing at a
later meeting.  Items already noticed for a public hearing will be heard following Continued Items, or, if
necessary, posted for a public hearing at a subsequent meeting.

1.  Approval of Previous Meeting Minutes 
     Minutes from 05/27/2010 meeting
                                                 Recommendation: APPROVE

Appeal of Administrative Use Permit / Staff Level Design Review:
 Appeals of Administrative Use Permit and Design Review applications are not subject to public hearing and
no public testimony will be taken at this time.  The Board may set the matter for public hearing, or affirm the
Zoning Officer’s or Design Review Secretary’s decision.

2.  35 Rock Lane 
Appeal of Administrative Use Permit  #09-20000090 to construct a new third story of approximately 583 sq.
ft. on an existing two-story, approximately 1,589-sq. ft. single-family residence.
(Zoning: R-1(H) – Single-Family Residential, Hillside District; Planner: Steven Buckley)
Applicant/Property Owner: Phillip Moss, 912 Santa Fe Avenue, Albany, CA 94706 for James and Heidi
Meyer, 35 Rock Lane, Berkeley, CA 94708
Appellant: Steven Rood, Esq., 405 14th Street, Suite 212, Oakland, CA 94612 for Iris X. Wang and Jiankang
Liu, 43 Rock Lane, Berkeley, CA 94708
Appellant: Margaret Paternek, 55 Rock Lane, Berkeley, CA 94708
                                               Continued From: NONE
                                               Recommendation: APPROVE
the project and dismiss appeals

Continued Items (Public Hearing has been closed):  NONE

Continued Public Hearings: 

3.  2307-09 California Street
Use Permit #08-10000097 to renovate an existing one-story duplex, including the construction of a new,
approximately 746-square-foot second story on a property that is non-conforming for residential density.
(Zoning: C-NS, North Shattuck Commercial District; Planner: Leslie Mendez)
Applicant/Property Owner: Edward Soos, 2303 California Street, Berkeley, CA  94703
                                              Continued From: 04/08/2010
                                              Recommendation: APPROVE pursuant to Findings & Conditions

Compliance Determination:  NONE 

New Hearings: 

4.  2130 Oxford Street 
Use Permit # 10-10000036 to establish beer and wine service with meals within an existing quick-service
restaurant space.
(Zoning: C-2, Central Commercial Area; Planner: Nathan Dahl)
Applicant: Oxford Development Group, 1442 A Walnut Street #116, Berkeley CA, 94709
                                             Continued From: NONE
                                             Recommendation: APPROVE pursuant to Findings & Conditions

5.  2940 Benvenue Avenue
Use Permit #10-10000027 to construct an addition of 340 square feet to the existing Claremont Branch Library,
and make other interior and exterior improvements. Includes modification of parking and lot coverage
requirements, subject to City Council approval of a zoning amendment.
(Zoning: R-2A, Restricted Multiple-Family Residential; Planner: Aaron Sage)
Applicant: Steven Dewan, c/o Berkeley Public Library, 2090 Kittredge Street, Berkeley
Property Owner: City of Berkeley
                                            Continued From: NONE
                                            Recommendation: NO ACTION REQUIRED - this is a “preview” to solicit ZAB and
                                                                                community input on the project

6.  1170 The Alameda
Use Permit #10-10000028
to construct an addition of approximately 4,000 square feet to the existing North
Branch Library. Includes modification of parking and lot coverage requirements, subject to City Council approval
of a zoning amendment.
(Zoning: R-1, Single Family Residential; Planner: Aaron Sage)
Applicant: Bob Fuselier, c/o Berkeley Public Library, 2090 Kittredge Street, Berkeley
Property Owner: City of Berkeley
                                            Continued From: NONE
                                            Recommendation: NO ACTION REQUIRED - this is a “preview” to solicit ZAB and 
                                                                                community input on the project

Additional Agenda Items:
The following agenda items may be discussed, but no action may be taken unless a specific item is listed on
this agenda.
A. Information/Communication
B. Business Meeting
C. Chairperson’s Report
D. Current Business/Committee Appointment
E. Future Agenda Items
F. Other Matters

Adjourn 

Correspondence and Notice of Decision Requests
• Communications to Berkeley boards, commissions or committees are public record and will become part of
the City’s electronic records, which are accessible through the City’s website.  Please note: e-mail addresses,
names, addresses, and other contact information are not required, but if included in any communication
to a City board, commission or committee, will become part of the public record.
  If you do not want your
e-mail address or any other contact information to be made public, you may deliver communications via U.S.
Postal Service or in person to the secretary of the relevant board, commission or committee.  If you do not want
your contact information included in the public record, please do not include that information in your communication

Please contact the secretary to the relevant board, commission or committee for further information.
• To distribute correspondence to Board members prior to the meeting date -- submit comments by 12:00
noon, seven (7) days before the meeting.
  Please provide 15 copies of any correspondence with more than ten
(10) pages or if in color or photographic format.
• Correspondence received by the 5:00 pm Tuesday before the meeting will be posted on the ZAB web site for
review by the Board and public prior to the meeting. Correspondence received later, and after the meeting, will be
posted to the web site following the meeting.
• Any correspondence received after this deadline will be given to Board members on the meeting date just prior
to the meeting.
• Staff will not deliver to Board members any additional written (or e-mail) materials received after 12:00 noon on
the day of the meeting. 
• Members of the public may submit written comments themselves early in the meeting.  To distribute
correspondence at the meeting, please provide 15 copies and submit to the Zoning Adjustments Board Clerk
just before or at the beginning of the meeting.
• Written comments, or a request for a Notice of Decision should be directed to the ZAB Secretary at:  Land Use
Planning Division (Attn: Steven Buckley, ZAB Secretary), 2120 Milvia Street, Berkeley, CA 94704 OR at
zab@ci.berkeley.ca.us

clip_image001.jpg   Accessibility Information / ADA Disclaimer
This meeting is being held in a wheelchair accessible location. To request a disability-related accommodation(s)
to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist
at 981-6342 (V) or 981-6345 (TDD) at least three business days before the meeting date.  Please refrain from
wearing scented products to this meeting.

SB 343 Disclaimer
Any writings or documents provided to a majority of the Commission regarding any item on this agenda will be
made available for public inspection at the Permit Service Center, Planning and Development Department
located at 2120 Milvia Street, Berkeley, during regular business hours.

Legal Notice Concerning Your Legal Rights
If you object to a decision by the Zoning Adjustments Board regarding a land use permit project, the following
requirements and restrictions apply:
1. If you challenge the decision of the City in court, you may be limited to raising only those issues you or
someone else raised at the public hearing described in this notice, or in written correspondence delivered to
the Zoning Adjustments Board at, or prior to, the public hearing.
2. You must appeal to the City Council within fourteen (14) days after the Notice of Decision of the action of the
Zoning Adjustments Board is mailed.  It is your obligation to notify the Land Use Planning Division in writing of
your desire to receive a Notice of Decision when it is completed.
3. Pursuant to Code of Civil Procedure Section 1094.6(b), no lawsuit challenging a City Council decision, as
defined by Code of Civil Procedure Section 1094.6(e), regarding a use permit, variance or other permit may be
filed more than ninety (90) days after the date the decision becomes final, as defined in Code of Civil Procedure
Section 1094.6(b).  Any lawsuit not filed within that ninety (90) day period will be barred.
4. Pursuant to Government Code Section 65009(c)(1), no lawsuit challenging a City Council decision, as defined
by Code of Civil Procedure Section 1094.6(e), regarding a use permit, variance or other permit may be filed
more than ninety (90) days after the date the decision becomes final, as defined in Code of Civil Procedure
Section 1094.6(b).  Any lawsuit not filed within that ninety (90) day period will be barred.
5. Pursuant to Government Code Section 66020(d)(1), notice is hereby given to the applicant that the 90-day
rotest period for any fees, dedications, reservations, or other exactions included in any permit approval begins
upon final action by the City, and that any challenge must be filed within this 90-day period.
6. If you believe that this decision or any condition attached to it denies you any reasonable economic use of the
subject property, was not sufficiently related to a legitimate public purpose, was not sufficiently proportional to
any impact of the project, or for any other reason constitutes a “taking” of property for public use without just
compensation under the California or United States Constitutions, the following requirements apply:
A. That this belief is a basis of your appeal.
B. Why you believe that the decision or condition constitutes a "taking" of property as set  forth above.
C. All evidence and argument in support of your belief that the decision or condition constitutes a “taking” as
set forth above.
If you do not do so, you will waive any legal right to claim that your property has been taken, both before the City
Council and in court.